
No, It's Not Illegal to Photograph a House in Western Australia
The Short Answer
The claim that photographing someone's house in Western Australia without written owner consent is illegal has no basis in law. No such statute exists at the state or federal level in Australia.
The Full Story
This claim is a textbook 'weird law' myth — the kind that circulates endlessly on listicle websites and pub quiz nights without ever being traced back to an actual statute. Australia has relatively permissive photography laws compared to many other countries. Since the landmark 1937 High Court decision in Victoria Park Racing v Taylor (25 CLR 279), Australian law has firmly established that there is no 'freedom from view' — meaning anything visible from a public place can be lawfully photographed. The relevant WA legislation, the Surveillance Devices Act 1998 (WA), prohibits using optical surveillance devices to record 'private activities' without consent — but this applies to things like voyeuristic filming of people in intimate situations, not snapping a picture of a front door from the footpath. There is no 'written consent' requirement anywhere in WA law for photographing buildings. The myth may have originated from a misreading of real estate or commercial photography best practices, where photographers are advised to obtain 'location release forms' from property owners before using images in advertising — but this is a commercial/contractual consideration, not a criminal law. It may also stem from confusion with laws in other countries (France, for example, does have stronger property-image rights) or a garbled understanding of WA's surveillance and privacy landscape. Australia's privacy framework continues to evolve — a statutory tort of serious invasion of privacy was introduced federally in 2025 — but none of these reforms created a blanket ban on photographing houses.
Common Misconceptions
People often confuse (1) the WA Surveillance Devices Act's prohibition on recording 'private activities' with a general photography ban; (2) commercial best-practice advice (get a location release form) with a legal requirement; and (3) Australia's general privacy discourse with an actual statutory right against being photographed. None of these create a criminal offence for snapping a photo of a house. Additionally, some confuse this with drone photography laws, where recording someone engaged in a private activity — even if the drone is airborne — can be an offence if the intent is unlawful.
Actual Legal Text
No law in Western Australia or under Australian federal legislation prohibits photographing the exterior of a residential building visible from a public place. The Surveillance Devices Act 1998 (WA) restricts recording 'private activities' without consent, but a house exterior visible from a street does not constitute a private activity. There is no written-consent requirement for property photography anywhere in WA law.
Current Status
Unknown
Penalty
No penalty — no such law exists.
Last Verified
June 8, 2026
Jurisdiction Notes
Claim is specific to Western Australia, but no equivalent law exists in any other Australian state or territory either.